Property and constitutional order: Land tenure reform and the future of the African state

The debate over land law reform in Africa has been framed asa referendum on the market – that is, as a debate pittingadvocates of the growth-promoting individualization of propertyrights against those who call for protecting the livelihoodsand subsistence rights of small farmers. This article arguesthat the prospect of land law reform also raises a complex bundleof constitutional issues. In many African countries, debatesover land law reform are turning into referenda on the natureof citizenship, political authority, and the future of the liberalnation state itself. The article describes alternative landreform scenarios that are currently under debate, and identifiesthe constitutional implications of each. The practical salienceof the issues is illustrated through reference to land reformpolitics in Côte d’Ivoire, Uganda, South Africa,and Tanzania.